These Terms & Conditions as well as any Specific Terms & Conditions bind all Entrants. By entering into a Competition you are accepting both the Terms and Conditions and the Specific Terms and Conditions. All completed and valid entries will be accepted into the Competition subject to the fulfillment of the eligibility requirements in clause 5.
In these Terms and Conditions: “Ace Radio” is a general term that for the purposes of this document refer to ACE Radio Broadcasters Pty Ltd.
“Competition” means any Competition run by ACE Radio pursuant to which Prizes of varying kinds may be offered and which is governed by these rules.
“Terms and Conditions” means the general Terms and Conditions contained in this document.
“Entrant” means any person, corporation or other entity who enters or participates into a Competition run by ACE Radio.
“Family Member” includes a spouse, parent, child (whether natural or adopted by either parent) or sibling (whether natural or adopted).
“Prize” means the Prize for the Competition as determined by ACE Radio and which may vary from time to time.
“ACE Radio” means any radio station owned by ACE Radio Broadcasters Pty Ltd including, MixxFM/3CS (Colac), MixxFM/3HA (Hamilton), TRFM/GOLD1242 (Gippsland), CoastFM/3YB (Warrnambool), 2AY (Albury Wodonga), MixxFM/3WM (Horsham), MixxFM/3SH (Swan Hill).
“Specific Terms & Conditions” means Terms & Conditions of entry contained within a specific Trade Lottery Promotion permit acquired for an individual promotion.
“Website” means any of the websites of owned and controlled by ACE Radio.
“Winner” includes any Entrant who has won a Prize in a Competition.
In these Terms and Conditions:
(a) Words of singular number include the plural and vice versa.
(b) A person includes a corporation and vice versa.
(c) Words denoting any gender include all genders.
(d) Headings are for convenience only and do not affect the interpretation of this Agreement.
(e) Every provision, express or implied, which applies to more than one person applies to them jointly and each of them severely.
(f) All references to currency are in Australian dollars unless otherwise specified.
4. DECISIONS ARE FINAL
Each Competition is conducted by ACE Radio in its absolute discretion (including, without limitation, decisions in relation to who may enter and who has won a Prize in a Competition). Any decision made by ACE Radio is binding and conclusive. All Entrants agree to be bound by and to accept the decision of ACE Radio.
5. ELIGIBILITY OF ENTRANTS
5.1 Subject to clause 5.2, any person may enter a Competition.
5.2 The following persons are not allowed to enter a Competition:
5.2.1 A person that is not ordinarily an Australian Resident;
5.2.2 Employees of ACE Radio;
5.2.3 Immediate Family Members of 5.2.2;
5.2.4 Competitors of ACE Radio.
5.2.5 Persons under the age of 18 for Competitions where ACE Radio specifies that you must be over 18 years of age to enter.
6. CONDUCT OF COMPETITIONS
6.1 Each Competition will be conducted in accordance with these Terms and Conditions and in accordance with the Specific Terms and Conditions where applicable.
6.2 In the event that these Terms and Conditions conflict with the Specific Terms and Conditions in relation to a Competition, the latter shall prevail.
6.4 Entrants may be required to sign a deed or disclaimer releasing ACE Radio from liability prior to entering a Competition.
6.5 Only one entry per person is allowed unless otherwise specified in the Specific Terms and Conditions.
6.6 ACE Radio accepts no responsibility for late, misdirected or lost entries. Entries are deemed to be received by ACE Radio upon the entry being received by us. It is your responsibility to ensure entries are received at ACE Radio before the closing time and date of the individual promotion unless otherwise stipulated.
7.1 ACE Radio reserves the right to alter, substitute or cancel any Prize in an event deemed appropriate or for reasons beyond our control. If a Prize is unavailable, we will use our best endeavors to substitute the Prize with one similar.
7.2 ACE Radio accepts no responsibility for any changes in the value of a Prize.
7.3 Winners will be contacted at the close of the Competition by any of the following methods, including but not limited to telephone, mail, SMS, website, newspaper or in person.
7.4 ACE Radio does not accept any responsibility for incorrect details affecting the delivery of the Prize or results of the Competition.
7.5 Winners must collect their Prize within 21 days from the office of the station being the local radio station where the winner resides in between the hours of 9am ? 5pm Monday to Friday excluding Public Holidays and must present correct and current I.D to collect prize.
7.6 It is the Winner?s responsibility to notify ACE Radio if they cannot collect their Prize. In this event, ACE Radio will allow an authorized representative to collect the Prize for you. They will need to bring identification and you will need to authorize them in writing to collect the Prize on your behalf.
7.7 A person claiming the Prize must be the Winner of the Competition (or a person authorized to collect on behalf of the Winner), must have complied with all the Terms and Conditions relating to the Competition and must not be prohibited by any law from using or enjoying the Prize.
7.8 ACE Radio may in its discretion decide to deliver a Prize to a Winner.
7.9 Prizes are not transferable or redeemable for cash, except with the written consent of ACE Radio and at the discretion of ACE Radio.
7.10 Any unclaimed Prize will be dealt with according to ACE Radio?s discretion.
7.11 In the event that a Winner is awarded a Prize and it is later discovered that the Winner was ineligible to enter the Competition under Clause 5, ACE Radio reserves the right to reclaim the Prize from the Winner by giving any form of notice to the Winner. The Winner will then need to return the Prize in its original form to ACE Radio within 14 days. If the Winner fails to do so, ACE Radio reserves the right to legally claim against the Winner for the return of the Prize or relevant compensation.
7.12 When a prize is provided by third party, ACE Radio is indemnified from any obligation or liability in relation to the prize.
8.1 Any Entrant may be required to take part in promotional activities including but not limited to an interview or a live air broadcast. All Winners release ACE Radio from any obligation to compensate the Winner for any promotional activities or publicity undertaken as a result of being a Winner of that Competition.
8.2 An Entrant or Winner will not participate in any publicity, media publication or similar which relates to the Competition or ACE Radio without the prior written consent of ACE Radio. The decision of whether or not to grant consent rests solely with ACE Radio.
9. JURISDICTION AND CHOICE OF LAW
9.1 While the contents of the Web-Site may be accessed outside Australia it is not directed to or intended to have an effect in any other place.
9.2 The General Terms and Conditions and any Specific Terms and Conditions are to be construed according to the laws applicable in the State where the Station is located. A person who enters a Competition irrevocably agrees and submits to the exclusive jurisdiction of the courts of that State.
10. TAXATION IMPLICATIONS
Taxation liabilities may arise in respect of any Prize claimed. The Winner is responsible for any tax payable as a direct or indirect result of the Competition. ACE Radio is not in any way liable for any tax payable by any Entrant or the Winner.
11. INTELLECTUAL PROPERTY
All intellectual property and ownership rights are forfeited by the Entrant to ACE Radio upon submission of an entry into a Competition. The ownership of these rights will remain with ACE Radio solely.
12. RELEASE AND INDEMNITY
12.1 ACE Radio shall not in any circumstances be liable for any loss or damage incurred by the Entrant or Winner in relation to the Competition
12.2 To the full extent allowed by law, the Winner and Entrants shall indemnify and keep indemnified ACE Radio against all and any liabilities and claims which arise out of or in relation to any use made of the Prize by or on behalf of the Winner.
12.3 To the full extent allowed by law, the Winner and Entrants shall indemnify and keep indemnified ACE Radio against all and any liabilities and claims which arise out of or in relation to entering a Competition.
Where any clause or part of a clause is void, illegal or unenforceable then it may be severed without affecting any other part of this document.